Statutory Issues Related to Investigations
Government Access

1. Contents - Communications stored by a service provider for less than 180 days may be obtained by warrant. Communications stored by a service provider for more than 180 days may be obtained by warrant, administrative subpoena, or court order. Communications stored by remote computing service may be obtained by warrant without notice to the customer; but with notice if obtained by subpoena.
2. Subscriber Information - The government can obtain subscriber information through warrant, subpoena, or court order.
3. Transaction Records - Transaction records can be obtained by consent, warrant, or court order.

Roll over each type of information to find out how the government can obtain access to it.
Again, because DoD is not a public service provider, it may generally share such types of information with appropriate government officials merely by obtaining the consent of the service provider. As to stored communications, the DoD service provider would generally also have to overcome potential Fourth Amendment issues and fit within an exception to the Federal Wiretap Act, for undelivered mail. These were covered in earlier sections.
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